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how does the limitation period operate in class actions?
Boston, MA
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Posted 6 months ago in Class Action
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does the bringing of an action by some of the members of the class involved in the action prevent the limitation period for bringing the action from running out for those others not joined to the action?
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Answers (1)
Michael Hassen
This attorney is licensed in California.
Posted 6 months ago.
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Unfortunately there is not a simple answer to your question. There is a substantial body of case law on when claims of absent class members are tolled, and when they are not. The varying fact patterns are too numerous to outline. One thing that can be said is this: if some members of a class file a class action that defines the class so as to include your claim, and if your claim is not time-barred at the time the class action lawsuit was filed, then the statute of limitations will not be preclude you from opting-in to that class if it is ultimately certified.
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